BILL NUMBER: AB 2161	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 28, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 19, 2006
	AMENDED IN ASSEMBLY  MARCH 27, 2006

INTRODUCED BY   Assembly Member  Hancock   Klehs


                        FEBRUARY 21, 2006

    An act to amend Section 8712 of the Family Code, and to
add Sections 16519 and 16519.5 to the Welfare and Institutions Code,
relating to public social services, and making an appropriation
therefor.  An act to add and repeal Section 33413.1 of
the Health and Safety Code, relating to redevelopment, and declaring
the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2161, as amended,  Hancock   Klehs 
Child welfare services: resource family pilot program. 
   The Community Redevelopment Law requires a redevelopment agency to
replace dwelling units housing persons and families of low or
moderate income that are destroyed or removed from the low- and
moderate-income housing market as part of a redevelopment project
that is subject to a written agreement with the agency or where
financial assistance is provided by the agency. Existing law also
requires that specified percentages of new and substantially
rehabilitated dwelling units within a project area that are developed
by public or private entities or by persons other than the
redevelopment agency be affordable to and occupied by persons of low
and moderate income. These replacement, new, or rehabilitated
dwelling units are required to remain available at affordable housing
cost to, and occupied by, persons and families of low-income,
moderate-income, and very low income households for at least 55 years
for rental units and 45 years for homeownership units.  
   This bill would, until January 1, 2012, authorize the
Redevelopment Agency of the County of Alameda to count the new
construction of units outside the project area, but within the City
of Hayward towards satisfaction of these housing obligations if
certain conditions are met. This authorization would apply only to
the Mt. Eden Sub-Area of the Eden Area Redevelopment Project Area.
 
   This bill would declare that because of the unique circumstances
applicable to the Redevelopment Agency of Alameda County with respect
to local housing requirements, a statute of general applicability
could not be enacted within the meaning of subdivision (b) of Section
16 of Article IV of the California Constitution, thus necessitating
the enactment of a special statute.  
  This bill would declare that it is to take effect immediately as an
urgency statute.  
   Existing law requires the placement of dependent children by the
juvenile court according to specified procedures. Existing law
requires the state, through the State Department of Social Services
and county welfare departments, to establish and support a system of
statewide child welfare, which includes services related to foster
care placement of dependent children and adoption. Existing law
provides for the licensure of foster care providers, and the approval
of adoptive parents.  
    This bill would require the State Department of Social Services,
in consultation with county welfare agencies, to implement a pilot
program to establish a unified resource family approval process to
replace the existing multiple processes for licensing foster family
homes, approving relatives and nonrelated extended family members as
foster care providers, and approving adoptive families, as provided
in the bill. The bill would define a resource family for its purposes
as an individual or couple that a participating county has approved
to care for a related or unrelated child who is under the
jurisdiction of the juvenile court or otherwise in the care of a
county child welfare agency.  
   This bill would require the department to, prior to implementing
the pilot program, promulgate standards for home approval and
permanency assessment for placing children in a resource family.
 
   This bill would require the pilot program to be conducted in up to
5 counties that volunteer to participate. It would authorize the
pilot program to continue through the 2009-10 fiscal year, or for 3
full fiscal years following the receipt of funding for the program,
whichever is later.  
    Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. The program is funded by a combination of federal,
state, and county funds, with moneys from the General Fund being
continuously appropriated to pay for the state's share of AFDC-FC
costs. Existing law requires that a child be in one of 7 designated
placements in order to be eligible for AFDC-FC.  
   This bill also would require a child placed in a resource family
home that meets specified standards to be eligible for AFDC-FC. By
expanding eligibility standards for AFDC-FC benefits, this bill would
make an appropriation.  The bill would provide that a resource
family be paid a specified AFDC-FC rate, and would apply existing
sharing ratios for state financial participation.  
   This bill would make its implementation contingent upon the
continued availability of federal funds for costs associated with the
placement of children with resource families as provided in the
bill. 
   The bill would also set forth specified responsibilities for the
department and counties participating in the pilot program for
implementing and enforcing standards provided in the bill. 

   Existing law requires the State Department of Social Services or
licensed adoption agency to require each person filing an application
for adoption to be fingerprinted, and to secure from an appropriate
law enforcement agency any criminal record of that person to
determine whether the person has ever been convicted of a crime other
than a minor traffic violation, and authorizes the department or a
licensed adoption agency to secure the person's full criminal record,
if any.  
   This bill would require that any federal level criminal offender
record requests submitted to the Department of Justice be submitted
with fingerprint images and related information required by the
Department of Justice, as specified. The bill would require the
Department of Justice to forward any such record requests received
pursuant to those provisions to the Federal Bureau of Investigation
(FBI), to review the information returned to the department from the
FBI, and to compile and disseminate a response to the State
Department of Social Services or to the licensed adoption agency.

   Vote: 2/3. Appropriation:  yes   no  .
Fiscal committee:  yes   no  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


   SECTION 1.    Section 33413.1 is added to the 
 Health and Safety Code   , to read:  
   33413.1.  (a) For only the Mt. Eden Sub-Area of the Eden
Redevelopment Project Area, the Redevelopment Agency of the County of
Alameda may count, towards satisfaction of the housing production
requirements of subdivision (b) of Section 33413, the construction of
units outside the project area but within the City of Hayward if all
of the following conditions are met:
   (1) The units shall be available at affordable housing cost to,
and occupied by, persons and families of very low or low income.
   (2) The units shall comply with subdivision (c) of Section 33413,
except that the requirements of that subdivision shall be deemed
satisfied if the recorded covenants or restrictions are enforceable
by the City of Hayward.
   (3) The units shall be located on a parcel or parcels immediately
contiguous to the Mt. Eden Sub-Area of the Eden Redevelopment Project
Area.
   (4) The Redevelopment Agency of the City of Hayward shall provide
to the Redevelopment Agency of the County of Alameda written consent
to the measures taken pursuant to this section and shall not count
any units credited to the Redevelopment Agency of Alameda County
pursuant to this section towards its own production or replacement
requirements under Section 33413.
   (b) The Redevelopment Agency of the County of Alameda shall cause
to be made available, at affordable housing cost to, and occupied by,
persons and families of very low, low-, or moderate-income
households, as applicable, two units outside the project area for
each unit that otherwise would have been required to be available
inside the project area as required by clause (ii) of subparagraph
(A) of paragraph (2) of subdivision (b) of Section 33413.
  (c) This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2012, deletes or extends that date.

   SEC. 2.    The Legislature finds and declares that
because of the unique circumstances applicable to the Redevelopment
Agency of Alameda County with respect to local housing requirements,
a statute of general applicability cannot be enacted within the
meaning of subdivision (b) of Section 16 of Article IV of the
California Constitution, and the enactment of a special statute is
therefore necessary. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to ensure that the Redevelopment Agency of the County of
Alameda will be able to count these units towards satisfying its
housing obligation after the Mt. Eden Sub-Area of the Eden Project
Area is annexed to the City of Hayward on January 1, 2007, it is
necessary that this act take effect immediately.  
  SECTION 1.    Section 8712 of the Family Code is
amended to read:   All matter omitted in this version of the
bill appears in the bill as amended in the Senate, August 7, 2006
(JR11)